South Australian Numbered Acts

SENTENCING (SERIOUS CHILD SEX OFFENDERS) AMENDMENT ACT 2024 (NO 37 OF 2024) - SECT 8

8—Insertion of section 59A

After section 59 insert:

59A—Arrest and detention of person released on licence without warrant

        (1)         A police officer may, on the authorisation of a senior police officer, without warrant, arrest a person released on licence under section 59 if the police officer suspects on reasonable grounds that the person has breached a condition of the release on licence.

        (2)         If a person is arrested under subsection (1)

—

            (a)         the person must be taken to the nearest police station; and

            (b)         within 12 hours of the arrest—the presiding member or deputy presiding member of the appropriate board (or, if neither of those members is available, a magistrate) must be notified of the arrest; and

            (c)         as soon as is reasonably practicable after being so notified—the presiding member or deputy presiding member of the appropriate board, or the magistrate, (as the case requires) must, by order, direct that the person—

                  (i)         be detained in custody pending attendance before the appropriate board; or

                  (ii)         be released and summoned to attend before the appropriate board; or

                  (iii)         be released from custody.

        (3)         In this section—

"appropriate board" has the same meaning as in section 59;

"senior police officer" means a police officer of or above the rank of Inspector.

Schedule 1—Related amendments

Part 1—Amendment of Correctional Services Act 1982

1—Amendment of section 64—Reports by Board

Section 64—after subsection (2) insert:

        (2a)         However, subsection (2) does not apply in relation to a prisoner who is a serious child sex offender serving a sentence of indeterminate duration for a triggering child sex offence imposed in accordance with Part 3 Division 2A of the Sentencing Act 2017

until the prisoner has served the minimum period of imprisonment fixed under section 48I(2)(c) of that Act in respect of the triggering child sex offence.

Part 2—Amendment of Criminal Law Consolidation Act 1935

2—Insertion of section 5AB

After section 5AA insert:

5AB—Mandatory penalty for certain child sex offences committed by serious child sex offenders

        (1)         Despite section 53 of the Legislation Interpretation Act 2021

, the mandatory penalty for a triggering child sex offence committed by a serious child sex offender is a sentence of indeterminate duration.

        (2)         However, subsection (1)

does not apply if the court sentencing a serious child sex offender for a triggering child sex offence—

            (a)         determines under section 48I(1)(a) of the Sentencing Act 2017

that a sentence of imprisonment to be served in a correctional facility is not to be imposed in relation to the offence; or

            (b)         makes a declaration under section 48J of the Sentencing Act 2017

,

(in which case the maximum penalty for the triggering child sex offence is the maximum penalty for the relevant offence had it not been committed by a serious child sex offender).

        (3)         For the purposes of this section, a reference to a sentence of indeterminate duration will be taken to be a reference to the detention of a person in custody until the sentence of imprisonment is extinguished by order of the Supreme Court under section 48M of the Sentencing Act 2017

.

        (4)         In this section—

"serious child sex offender" has the same meaning as in the Sentencing Act 2017

;

"triggering child sex offence" has the same meaning as in the Sentencing Act 2017

.